Part 1
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The recording of the meeting at the football stadium involves a minimal breach
of privacy, given that it is a public place and the participants are expected to
be aware that they may be filmed. However, in the context of the suspicion and
the aim of the surveillance operation, the evaluation of the pictures taken by
CCTV must be included in the surveillance order.
The entry into Y’s car and the planting of recording and tracking devices is a
more intrusive act, involving a serious breach of privacy. The serious matter
being investigated suggests, however, that it is proportionate and could be
regarded as necessary for the purposes of obtaining evidence and in order
to discover the intentions of X and Y. However, given its serious nature, prior
permission from a judge based on the law will be necessary. Ex-post facto permission, if the tactic was entered into spontaneously because the opportunity
unexpectedly presented itself, should not be lawful.
Watching X’s home after the event is another straightforward tactic, normally involving no serious breach of privacy. However, in the context of the
long-term surveillance with technical means (and the photographing of the
three men using a telephoto lens), the activity is a serious breach of privacy.
Photographing them together in the room is additional (corroborating) evidence.
The lead investigator might, however, have to justify the value of these photos,
given that an association between them has already been demonstrated by
their meeting together at the stadium, that the three went to X’s home, and
that photographs of all three together have already been obtained. Again, these
activities must be covered by prior permission.
The entering of X’s home and the installation of a listening device is the most
serious breach of privacy during the operation. It may well be necessary and
proportionate, but is of such a nature that domestic legislation should require
prior judicial authority.
1.2.2 Interception of Communications
The interception of communications – telephone calls, letters or electronic
messages (including emails and messages sent via social networking sites
such as Facebook, Vkontakte, Odnoklassniki or Twitter), and other protected
communications – is a particularly sensitive matter. It involves very substantial breaches of privacy and, thus, requires that safeguards are applied
stringently.
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